Slaven v Greenwood Nursery (a firm) [2002] EWCA Civ 1970 (19 December 2002)

Slaven v Greenwood Nursery (a firm) [2002] EWCA Civ 1970 (19 December 2002)

The District Judge properly exercised his discretion under section 33 of the Limitation Act 1980, considering all relevant factors and the balance of prejudice. There was no misdirection or error of principle, and the appellate court cannot substitute its own discretion for that of the trial judge.

Citation
[2002] EWCA Civ 1970
Parties
Appellant/claimant: Philip Slaven; Respondent/defendant: Greenwood Nursery (A Firm)
Jurisdiction
England and Wales
Judgment Date
19 December 2002
Procedural Posture
Civil Appeal / Appeal From County Court Decision on Preliminary Issue Under Section 33(3) Limitation Act 1980
Outcome
Appeal dismissed
Legal Topics
Limitation of Actions, Discretion to Extend Limitation Period, Employer's Liability, Negligence, Breach of Statutory Duty
Civil Procedure Personal Injury Employment Law Limitation of Actions Discretion to Extend Limitation Period Employer's Liability Negligence Breach of Statutory Duty

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Parties

Philip Slaven

Appellant/claimant

Greenwood Nursery (A Firm)

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From County Court Decision on Preliminary Issue Under Section 33(3) Limitation Act 1980

Legal Issues

  1. 1 Whether the court should exercise its discretion under section 33 of the Limitation Act 1980 to allow the claim to proceed out of time
  2. 2 Whether the District Judge misdirected himself in considering the relevant delay and prejudice under section 33(3)

Ratio Decidendi

The District Judge properly exercised his discretion under section 33 of the Limitation Act 1980, considering all relevant factors and the balance of prejudice. There was no misdirection or error of principle, and the appellate court cannot substitute its own discretion for that of the trial judge.

Court Disposition

Appeal dismissed

Orders

  • Claimant to pay Defendants' costs, such costs to be set off against any damages and/or costs awarded to the Claimant, with determination of the amount postponed until further application by the Defendant to the District Judge